Baker v Baker [2024] NSWSC 559

Supreme Court New South Wales

Medium Neutral Citation: Baker v Baker [2024] NSWSC 559 Hearing dates: 6 May 2024 Date of orders: 13 May 2024 Decision date: 13 May 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Summons dismissed Catchwords: FAMILY PROVISION – Succession Act 2006 (NSW) ss 59, 70, 75, 80(2)(a) – Claims for family provision – Where plaintiffs fail to establish that the will did not make adequate provision for their maintenance, education or advancement in life – Notional estate order – Where the plaintiffs fail to establish, with respect to a relevant property transaction, that it was entered into with the intention, wholly or partly, of denying or limiting provision being made out of the estate – Necessity for a plaintiff to make full and frank disclosure of their financial and material circumstances – Remarks on the obligation on legal practitioners to ascertain whether, at or about the time of the hearing, there has been such a change – Failure to make disclosure – HELD proceedings dismissed Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Barbuto v Barbuto [2019] NSWSC 1023 Bohen v Mitchelmore [2024] NSWSC 171 Cringle v Cringle [2018] NSWSC 1558 DJ Singh v DH Singh and Others [2018] NSWCA 30 Gorton v Parks (1989) 17 NSWLR 1 Hughes v National Trustees (1979) 143 CLR 134 Kastrounis v Foundouradakis [2012] NSWSC 264 McKenzie v Topp [2004] VSC 90 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Singer v Berghouse (1994) 181 CLR 201 Srekovic v Srekovic [2018] NSWSC 1597 Steinmetz v Shannon [2019] 99 NSWLR 687 Stone v Stone [2019] NSWSC 233 Sung v Malaxos [2015] NSWSC 186 Vigolo v Bostin (2005) 221 CLR 191 Category: Principal judgment Parties: Annette Rita Baker (First Plaintiff) Denise Maree Hughes (Second Plaintiff)